FrugalFlower.com Terms of Use

Introduction

Welcome to FrugalFlower.com. FrugalFlower.com is a media property of The Frugal Flower Companies Inc. (also referred to as the “Company” or “FrugalFlower”) located online at http://www.FrugalFlower.com (also referred to as “the Website” or “FrugalFlower.com”). These terms of use (“TOU”) constitute a binding agreement – and the only agreement – between the Company and you governing your use of the Website. By visiting the Website, you agree to be bound by all of the terms and conditions of the TOU, whether you are a “Visitor” (which means you are just browsing FrugalFlower.com) or a “Registered User” (which means you have registered with FrugalFlower.com).

If you do not agree to these TOU, please do not register for or enter the Website. The Company may also modify the TOU at any time, without notice. Any modifications will be posted on this page, therefore we suggest you return to this page on a regular basis to view the TOU. Your continued use of the Website after any modification will mean you agree to the TOU as modified. If you do not agree to a modification, you should stop visiting the Website immediately.

We at FrugalFlower take these terms of use seriously. We believe they are necessary to create a Web atmosphere in which FrugalFlower’s users, content providers, and service providers may feel safe and respected. If we believe you have breached the TOU, we may, without notice, suspend or terminate your ability to access the Website and/or any other service, specific content, digital products, products, or events, provided to you by FrugalFlower.

Registered Users

Visitors to FrugalFlower.com may register their identifying information and become “Registered Users.” As a Registered User, you have your own account consisting of access to content, tools and other services reserved solely for Registered Users.

Each Registered User may receive a unique screen name and password. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You may change your password at any time by updating your account on the Website. You agree to immediately notify FrugalFlower of any unauthorized use of your password or account or any other breach of security.

FrugalFlower is not and will not be liable for any loss or damage resulting from your failure to comply with this section.

By registering at FrugalFlower.com, you agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If FrugalFlower suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these TOU, your account may be subject to suspension or termination, we may delete any content you have posted, including but not limited to information about yourself, and you may be barred from using the Website.

Users Who Are Age 18 and Younger

FrugalFlower.com is not directed at children under 13 years of age. Any registration with, use of, or access to the Website by anyone under 13 is unauthorized, unlicensed, and in violation of these TOU.

Parents of children between the ages of 13 and 18 who wish to allow their children access to the site have the responsibility to determine the content that is appropriate for their children. Because FrugalFlower.com may contain user-generated content, please be aware the FrugalFlower.com users may have created areas on the Website that contain adult or mature content.

Privacy Policy

Your use of the Website is subject to our Privacy Policy. To view the FrugalFlower Privacy Policy, please visit http://www.FrugalFlower.com/legal/privacy.aspx

Other Parties and Web Sites

From time to time, FrugalFlower may make available to you certain services offered by third parties or pages of the Tributes.com may include links to other parties’ Web sites. Those third party services and Web sites are not governed by FrugalFlower’s TOU but may be governed by other terms of use. Also, FrugalFlower does not review all the content of these external Web sites and is not responsible for the quality of information on any of the external Web sites or any link contained in the external Web sites. These links may lead unintentionally to sites containing information that some people may find inappropriate or offensive.

Copyright

FrugalFlower is the owner of the Website as a whole, and of any individual content on the Website that is provided by FrugalFlower staff members, or contributors who provide work under contract with FrugalFlower. All FrugalFlower content is protected under the copyright and intellectual property laws of the United States and other countries. The Website also includes works that are the property of others, such as individual contributors or experts; these works, too, are protected by copyright and other intellectual property laws. You may display and, unless otherwise noted, download and print out portions of FrugalFlower.com content solely for your own personal, non-commercial use. Any redistribution, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from FrugalFlower.com. You may not incorporate the information, content, or other material on FrugalFlower.com in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from this Website, except as specifically noted above.

Except as specifically authorized by FrugalFlower, you may not deep-link to this Website for any purpose or access this Website with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Website or any information, content, or material on this Website. FrugalFlower reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of this Website or any content contained therein, whether in whole or in part.

Content and Comments Posted by FrugalFlower Users

FrugalFlower.com is an Internet destination where individuals may exchange diverse viewpoints, stories and ideas. The interactive nature of postings on FrugalFlower.com makes it impossible for us to assume responsibility for any of the materials posted by Visitors and Registered Users. The ideas, suggestions, opinions, comments, and observations made by you and other Website users, including, without limitation, text, data, graphics, audio or video content, music, sound, chat, messages, files, graphics, stitch files, or any of these elements in combination as a design for products available on this Website or otherwise provided to FrugalFlower.com by its Visitors and Registered Users (“User Content”) are not endorsed by FrugalFlower, and we make no guarantee regarding the reliability, accuracy, or quality of any User Content that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. All User Content posted to the Website is the sole responsibility of the person who originally posted the User Content, and your sole recourse for any damage you may suffer as a result of User Content shall be to such individual.

FrugalFlower does not claim any ownership rights in User Content. By submitting User Content, you are representing that you are the creator of the material you submit, or have authorization to distribute it. After posting User Content, you continue to retain your ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By sending User Content to FrugalFlower, or posting it on the Website, you expressly grant FrugalFlower a worldwide, royalty-free, sublicensable, and non-exclusive license to publicly display, use, reproduce, modify, create derivative works from, and distribute the User Content in any form, in connection with the Website or other affiliated or related FrugalFlower ventures. This license will continue perpetually unless and until you remove your user content from the Website, at which time the license granted here will automatically expire; provided however, that FrugalFlower may retain archived copies of your User Content, and may continue to include, use, or display such User Content in published materials (e.g. books, television products) created prior to such removal of your User Content. 

If you choose to post User Content on FrugalFlower.com pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of FrugalFlower.com reflects your respect for the legal rights of users connected with FrugalFlower. In particular, you agree to the “Rules of Conduct” posted below (though this is not meant as an exhaustive list).

You acknowledge that FrugalFlower may or may not pre-screen User Content, but that FrugalFlower and its designates shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any User Content from the Website, for any or no reason and with or without notice.

Rules of Conduct

The following rules of conduct apply to your use of the Website and to any and all User Content you post on FrugalFlower.com.

1. In using this Website, you agree to not:

A.     upload, download, post, email or otherwise transmit User Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.

B.     impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

C.     upload, download, post, email or otherwise transmit any User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can’t use images of celebrities or corporate products, nor images, text, or design that you’ve copied from a website without written permission from the owner. You cannot create a “new” image using elements from images other people have created. And you cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any User Content, you represent and warrant that you have the lawful right to reproduce and distribute such User Content and that the User Content complies with all applicable federal, state and local laws, regulations and ordinances;

D.     upload, download, post, email or otherwise transmit any User Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

E.     upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;

F.     upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

G.     upload, download, post, email or otherwise transmit false or misleading information;

H.     disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or affiliated or linked websites.

I.     access, tamper with or use non-public areas of the Website. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution;

J.    disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked websites;

K.   frame or link to the Website except as permitted in writing by FrugalFlower;

L.   incorporate images or names that would violate a person’s right of privacy or publicity; or

M.   incorporate a celebrity, current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person’s name or likeness.

2.  You acknowledge that FrugalFlower does not pre-screen submitted User Content, but that FrugalFlower and its designates shall have the right (but not the obligation) in their sole discretion to reject or remove any User Content that is available via the Website. Upon placing your order, you acknowledge that FrugalFlower may (but is not obligated to) review your order, and the User Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Without limiting the foregoing, FrugalFlower and its designates shall have the right to remove any User Content that violates the Agreement or is otherwise objectionable to FrugalFlower. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. You acknowledge that you may not rely on any User Content, created by or submitted to, FrugalFlower. You acknowledge and agree that you are responsible for the creation and compilation of your User Content, and that neither FrugalFlower nor any other party involved with the production of any product incorporating such User Content assumes that responsibility. FrugalFlower’s production of any product depicting your User Content does not indicate that FrugalFlower approves of the User Content, that the User Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the User Content.

3.  You acknowledge and agree that FrugalFlower may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any User Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of FrugalFlower, its users and the public.

4.  You understand that the technical processing and operation of the Website, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

5.  You agree that you are responsible for actions and communications taken under your account. FrugalFlower takes no responsibility and assumes no liability for any User Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against FrugalFlower and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, User Content or materials on the Website. You agree to indemnify FrugalFlower and its affiliates from all claims and expenses, including reasonable attorney’s fees, upon which claims are based on or arise from your violation of any of the provisions of this Agreement.

6.  You agree that you will use this Website and any products and stamps, ordered on this Website in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.

Fees and Payments.

You acknowledge that FrugalFlower reserves the right to charge for some or all of the products and services it offers and to change its fees from time to time at its discretion. Billing will be processed immediately upon purchasing a FrugalFlower product and/or service.  If FrugalFlower modifies, removes, discontinues or terminates your service, product or user registration, you shall not be entitled to a refund. All sales are final. There are no refunds.

Copyright Infringement

FrugalFlower respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with FrugalFlower and the Website, you may not post, modify, distribute, or reproduce in any way any User Content that is copyrighted material belonging to others, without obtaining their prior written consent. FrugalFlower reserves the right, in its discretion, to remove any User Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-.html.

FrugalFlower’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: customercare@FrugalFlower.com

By mail:
Frugal Flower Companies Inc.
Attention Copyright Agent

503 River Road
Hudson, MA 01749

We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there may be penalties for false claims under the DMCA.

Disputes

You are solely responsible for your interactions with other Registered Users or Visitors to the Website.  FrugalFlowers reserves the right, but has no obligation, to monitor or take action regarding disputes between Registered Users and/or Visitors. In the event of disputes, FrugalFlower may in its sole discretion take such action as it deems appropriate, including but not limited to suspending or terminating your account or your ability to access the Website, and removing any User Content.

Indemnity

You agree to indemnify and hold FrugalFlower and its subsidiaries, affiliate, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post, transmit, or otherwise make available through the Website, your use of the Website or other FrugalFlower services, your connection to the Website, your violation of the TOU, or your violation of any rights of another.

General Practices Regarding Use and Storage

FrugalFlower may establish general practices and limits concerning use of the Website, including, for example, limits on the number of:

- files (including graphics, photographs, videos, or sound/music files) that may be posted

- disk space that will be allotted on FrugalFlower’s servers on your behalf, and

- times you may access the Website in a given period of time (and the maximum duration of your visits to the Website).

You agree that FrugalFlower has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content, provided by you or otherwise, maintained or transmitted by FrugalFlower and its affiliated websites.

Modifications to the Website

FrugalFlower reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. FrugalFlower shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

Termination

FrugalFlower may, under certain circumstances and without prior notice, immediately terminate your FrugalFlower account and access to the Website and any other FrugalFlower services. Cause for such termination shall include, but not be limited to:

1. breaches or violations of the TOU or other incorporated agreements or guidelines;

2. requests by law enforcement or other government agencies;

3. a request by you (self-initiated account deletions);

4. discontinuance or material modification to the Website (or any part thereof);

5. unexpected technical or security issues or problems;

6. extended periods of inactivity;

7. engagement by you in fraudulent or illegal activities; and/or

8. nonpayment of any fees owed by you in connection with the Website or any other FrugalFlower products or services.

Termination of your FrugalFlower account may include:

1. removal of access to all pages within the Website;

2. deletion of your password and all related information, files and materials, including User Content associated with or inside your account (or any part thereof); and

3. barring of further use of the Website. Further, you agree that all terminations for cause shall be made in FrugalFlower’s sole discretion and that FrugalFlower shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FrugalFlower AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

FrugalFlower AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT

1. THE WEBSITE OR ANY OTHER FrugalFlower SERVICES WILL MEET YOUR REQUIREMENTS;

2. THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;

3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE;

4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH FrugalFlower WILL MEET YOUR EXPECTATIONS; AND

5. ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FrugalFlower OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WEBSITE. IMMEDIATELY DISCONTINUE USE OF THE WEBSITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEBSITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FrugalFlower AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FrugalFlower HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM

1. THE USE OR THE INABILITY TO USE THE WEBSITE;

2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE;

3. AUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR

5. ANY OTHER MATTER RELATING TO THE WEBSITE OR FrugalFlower.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

NOTICE

FrugalFlower may provide you with notices, including those regarding changes to the TOU, by email, regular mail or postings on the Website.

Violations of These Terms of Use

Please report any violations of the TOU, including objectionable User Content or behavior, to customercare@FrugalFlower.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, FrugalFlower in its sole discretion may investigate the matter and take such action as FrugalFlower determines to be appropriate.

No Waiver

FrugalFlower’s failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. This means that FrugalFlower may at any time choose to take an action that it is permitted or legally entitled to take, even if FrugalFlower has not taken such an action in the past, in the same or a similar situation.

Terms of Use Update

TOU updated February 23, 2010